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Receiver & Bankruptcy Monitor of Five Urgent Care Clinics

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Home·Receiver & Bankruptcy Monitor of Five Urgent Care Clinics

The Situation

The operator of five urgent care clinics located in Southern California had defaulted on two bank loans, after failing to attract sufficient walk-in business, and was facing a pending $2 million judgment in a wage-and-hour class action lawsuit brought by former employees.  The bank and its borrower had suffered through a lengthy dispute over resolving the defaults, and the bank was at risk of losing control of the business’s assets to the class action lawsuit’s judgment creditor.

How We Advised

As receiver of the insolvent urgent care clinics, our experts quickly determined the clinics’ bank was at risk of repayment due to poor cash flow and a pending $2 million wage-and-hour class action lawsuit.  We managed the clinics while successfully negotiating a going-concern sale of 3 clinics to their hospital-landlord.

Unexpectedly, the clinic owner filed for bankruptcy 30 minutes before the hearing to approve the sale. 

Our experts were appointed monitor by the bankruptcy court and continued to pursue an exit strategy for the bank. After 15 months and $1 million in fees, the bankruptcy judge granted relief from stay and proposed the original deal we had negotiated – the going-concern sale of 3 of the clinics to their hospital-landlord.

 

Obstacles Encountered & Our Solutions

  • The hospital-landlord of 3 of the clinics had a lien on the clinics’ personal property, but had failed to perfect its interests, putting the bank in first position.
    • Our experts successfully negotiated the sale of the 3 clinics as going concerns to the hospital for the appraised value of fixed assets plus taking over the leases.
    • We assisted with the ownership transition.
  • The company filed bankruptcy 30 minutes prior to the court hearing to approve the sale of three of the clinics to their hospital-landlord for the appraised value of fixed assets, plus assumption of leases.
    • Our experts were approved as monitor by the bankruptcy court.
    • As monitor, we provided essential independent reviews of the debtor’s financial statements required by the bankruptcy court, keeping the bank and its counsel informed of the clinics’ actual performance. 
  • The bank was at risk of losing control of the business’ assets to a class action lawsuit’s judgment creditor.
    • Once appointed as receiver, our experts protected the bank’s best interests by managing cash flow and overseeing business operations while negotiating a sale.
    • We managed the class-action claimants’ expectations, as subordinate to the bank.
    • Our experts worked closely with the borrower’s CEO, managing:
      • Financial Reporting
      • Billing & Collections
      • Staffing
      • HIPAA Compliance
      • Cash Flow
      • Vendor relationships

Key Contact

Jake Diiorio
Managing Director
Strategic Advisory Practice
+1 213 235 0609
[email protected]

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues.

> Solutions for Distressed Situations
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth.

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